TERMS AND CONDITIONS OF USE
1) INTRODUCTION AND ACCEPTANCE
Thank you for choosing BADireto, owned by BAD - DIGITAL MARKETING, LDA - best identified at the end of this document and hereinafter referred to as “BADireto”, “we”, “our”. When subscribing or using, in any way, the BADireto service, websites or third-party applications (together, the "BADireto Service" or "Service"), or when accessing any content or material that is made available by BADireto through the Service (the “Content”), the BADireto User, as well as any dependent user under the subscribed Plan (“User”) is entering into a contract with BADireto.
If you wish, at any time, to analyze the terms and conditions of the Agreements, the current version can be consulted on the BAdireto website.
Please read the Agreements carefully, which contain essential information about the BADireto Services that are available to you, and any costs, fees and tariffs that we will charge you. The Agreements also include information on future amendments to the Agreements, automatic renewals, limitations of liability and privacy information.
Make sure you have read and understood the Agreements, which you accept and agree to be bound by. If you do not agree or can not comply with the Agreements, you may not use the BADireto Service or any Content therein.
In order to use the BADireto Service and have access to the Content, the User must: (1) be 18 years of age or older and (2) have the legal capacity to enter into this agreement with BADireto and not be prevented from doing so under any applicable legislation.
You warrant that any registration information you submit to BADireto is true, accurate and complete, and you agree to keep it current on these terms.
2) AMENDMENTS TO THE AGREEMENTS
The Agreements may be updated, changed or replaced periodically, in whole or in part, without prior notice, and its updated version shall apply to any transaction, action or omission of the Parties.
BADireto will make visible communication of the Agreements updated as it deems appropriate and depending on the circumstances, for example, when presenting a notice visible in the Service or by sending electronic communication, in other cases a prior communication will be sent to the changes.
Be sure to read such communications and periodically review the Agreements in order to confirm any changes that may have been made by BAdireto.
If you do not intend to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us at email@example.com.
In any event, your continued use or access to the Service following any updates, changes, or replacements will constitute your tacit consent to the updates, changes, or replacements you make.
3) SUBSCRIPTION OF BADIRETO PLANS
3.1. Services and Plans
BADireto provides a platform for communications with the SIBA (Lodging Information System), owned by SEF (Foreigners and Borders Services). In order to use the features of BADireto, the User must register in the SIBA (Lodging Information System) the entity that operates one or several Hosting Units and have in each of them how to send the Hosting Bulletins as Webservice. This option is activated when a Hosting Unit is registered in the SIBA (Lodging Information Information System).
If you are already registered with another shipping option, you should ask the support services of SIBA (Lodging Information System). the change to Webservice, by e-mail firstname.lastname@example.org, identifying the name of the contact that appears in the registration of the Hotel Unit in the form of SIBA (Lodging Information System), the Tax Identification Number, and the establishment number to which the amendment relates. This information appears in the letter sent by SIBA (Lodging Information System). when it is registered.
The User must complete the customer data before subscribing to a Plan. Client data (the entity that operates Housing Units) must be the same as in the SIBA (Housing Information System) platform, namely the NIF, the name of the Company or ENI (sole proprietorship) that Housing Unit, address and contacts. Each user may only have an account with an explorer, and he / she may manage several Hosting Units according to the records he / she holds in the SIBA (Lodging Information System). A separate User must be created by each exploring entity for communication with the SIBA (Accommodation Information System) platform. function correctly.
The BADireto Services are provided for consideration, and the User must pay their cost before they can access them. BADireto services, which can be accessed after payment are currently designated as "Base" and "Extra Accommodation Unit" (Extra UA). You can find out more about our services by visiting our website.
The User is solely responsible for the renewal or modification of the Subscribed Plan, managing it on the Extranet through the Payments functionality. The non-renewal of the BADireto Service by the User implies the cancellation of the service.
3.2. Codes and other prepaid offers
If you have purchased or received a code, offer card, prepaid offer, or other offer provided or sold by or on behalf of BADireto, to access a Plan ("Code"), the terms and conditions presented, together with the Code , may also apply to your access to the Service, you agreeing to also comply with these terms and conditions.
3.3. Payment terms
The subscription of the Plans will be made in the Extranet, and payment can be made through the following means: credit card; ATM reference; MBWAY; and PayPal. The means of payment may not all be available for technical reasons or to update the features of the BA Direct platform.
The subscription of the Plans is prepaid in respect of the period to which it corresponds, and in no case is the amount paid in case of cancellation of the Service by the User. All Plans are valid for one year. The subscription of an Extra AU on a date different from that of the Base Plan has a duration of one year, beginning on the date of its, automatically renewing itself for annual periods. The cancellation of an Extra UA does not imply the return of the amount already paid for the period in force. In the event that the Base Plan is not renewed all the subscribed Extra UA are suspended until the annual subscription to the Base Plan is reactivated.
The price of the Services is subject to updates and changes, without prior notice, and they are advertised on the website of the Service, with the renewal of the Service being applied to the price that, at any time, is in force.
At the price of the Service indicated by BADireto, VAT is added at the legal rate in force, as well as any taxes, duties or obligations that may be created or applied.
The User is responsible for the payment of any taxes, taxes or tax obligations arising from the use of the Service.
3.4. Service Cancellation
In case of violation of the Agreements, BADireto may, at any time and without need of interpellation, suspend or cancel the account of any User, as well as refuse any and all use of the Service, current or future.
BAdireto reserves the right to refuse, at any time, the provision of the Service, to any natural or legal person, national or foreign, regardless of the reason and without need of justification.
The cancellation of the Service, regardless of the reason or form, eliminates all content and settings associated with the User account, as well as the impossibility of access to the Service, discharging BADireto from any responsibility that the cancellation of the same may cause to the User.
The content and information deleted can not be retrieved by BAdireto.
4) RIGHT OF USE AND COPYRIGHT
The Service and Content are owned by BADireto.
BADireto grants to the User a personal, non-transferable, limited, non-exclusive and revocable license to use the BADireto Service (the "License") in accordance with the User subscribed Plan. The License remains in effect until the date of renewal, unless terminated by the User or BAdireto.
Without prejudice to the provisions of the following paragraph, the User understands and accepts that the Service, as well as its structure, organization and source code constitute valuable trade secrets, and will not, in particular: a) create derivative works; b) decompile; c) reverse engineer; d) try, in any way, to discover the source code of the Service.
The User guarantees and agrees - being expressly forbidden to him - that he will not modify, adapt, duplicate, copy, reproduce, redistribute, reuse or transfer, for consideration or free of charge, permanently or temporarily, for any purpose, the BADirect Service or Content , as well as visual elements of design or concepts, without the express and written authorization of BADireto, under penalty of incurring civil and / or criminal liability.
In the scope of the right of use conferred, the User is prohibited from using the Service or Content, in particular: a) any illegal purpose; b) request third parties to carry out or participate in any illegal acts; c) infringe or violate the intellectual property rights of BAdireto or owners of Third Party Applications; d) presenting false or misleading information; e) proceed to upload files or to transmit viruses or any other type of malicious code that affects the functionality or functionality of the Service or any application or service with that related; f) "sparm, phish, pharm, pretext, spider, crawl or scrape; and (g) interfere or circumvent the characteristics of the Service, from any application or service with that related.
Violation of any of the above obligations gives BADireto the right to restrict, suspend or cancel, without right to any compensation or refund, access to the Service by the infringing User.
All BADireto trademarks, trade names, logos, domain names and any other features of the BADireto brand ("BADireto Brand Features") are the exclusive property of BADireto. You are not granted any rights to use the BADireto Brand Features outside the scope of these Agreements.
The User may not also use the trade names, logos or any other features of the BADireto brand, as well as the Contents and information of the Service, in order to falsely associate, expressly or implicitly, with BADireto or any service provided by BADireto.
5) THIRD PARTY SOFTWARE
The BADireto Service is integrated with third party software and services ("Third Party Applications") to provide the User with content and / or services, which are included in the BADireto Service.
You understand and agree that BADireto does not and is not responsible in any way for the behavior, functionality or content of any Third Party Application or for any transaction you may make with the supplier of any Third Party Applications.
In order to be granted access to the Service, the User must register on the website www.badireto.pt and subsequently complete the registration on the Extranet. On the Extranet you must access the User profile and activate the client account in the Client Data tab, filling in all mandatory data requested by BADireto, and the User is solely responsible for their accuracy.
BADireto informs that the protection of your personal data is a priority and is in compliance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Regulation on the Protection of Personal Data ).
The User is also responsible for all the content inserted in the account and for all the activity that occurs there, although inserted by other users with access to the account. By submitting or disclosing any content of or relating to the account in areas of the Public Access Service, the User acknowledges and declares to be the owner of such content, assuming full responsibility for them and exempting BADireto from any and all liability whatsoever.
Each individual or collective person may hold only one account to access the Service, and the data entered in the Client Data must be the same as that contained in the SIBA (Lodging Information System) as the operator of Accommodation Units.
The login to the Account can only be used by a single User, and it is not allowed to share the login by several people.
The User is fully responsible for maintaining the security of his account and password. BADireto is not liable for any loss or damage resulting from your failure to comply or failure to comply with such security obligations.
7) SERVICE LIMITATIONS AND CHANGES
BADireto shall use all reasonable efforts to ensure the continued operation of the BAdireto Service. Exceptionally, there may be technical or maintenance difficulties that may cause the Service to be temporarily interrupted.
BADireto or the providers of any Third Party Applications may schedule or cancel maintenance actions or performance upgrades in respect of the Service or Third Party Applications where they so wish.
BADireto will use reasonable efforts to promptly notify User of the maintenance or upgrade actions in order to minimize the impact of the User's use of the Service.
In case of any urgent maintenance, BADireto will do everything possible to proceed with the prior notice of the User, accepting the User that the exercise of such prior notice may not be possible.
7.2. Suspension and Alteration of Service
To the extent permitted by law, BADireto reserves the right, from time to time and at any time, to change or interrupt, temporarily or permanently, functions and functionalities of the Service, with or without prior notice, and BADireto will reimburse the amount paid by the User, whenever the total and permanent discontinuance of the Service occurs before the end of the Subscription Period, to the extent proportional to the missing Subscription Period.
BADireto will use its best efforts to ensure that the Service's failures and interruptions occur with the least possible impact to the User, and BADireto is not liable to the User or Third Parties for any damages that may result from interruption, alteration or discontinuance of the BADireto Service or of any function thereof, as well as for any failure by the User to access the Service account.
Your continued use of the Service, after any changes or discontinuances occurring in the BADireto service, constitute your express consent to such modifications and / or discontinuances.
8) WARRANTY AND LEGAL NOTICE
BADireto will make every effort to provide the Service in the best possible way. Nevertheless, the User understands and accepts that the Service is provided in the terms in which it is available in the state of the art without express, implied warranty or condition of any nature.
The User hereby expressly accepts that the use or inability to use the Service is at his sole risk and responsibility. The Service is provided "as is" and "as available" for use without any representations, warranties or conditions, express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-warranty. greeting.
BADireto does not guarantee, inter alia, that: i) the Service will meet its specific needs; ii) the Service will be uninterrupted, timely, safe or error-free; iii) the results that can be obtained with the use of the Service will be accurate or reliable; iv) the quality of the Content, Services, Third Party Applications or other products, information or materials acquired or obtained by the User through the Service will satisfy its expectations; and v) any errors or faults in the Service will be corrected.
BADireto uses hosting partners and suppliers to provision the hardware, software, networks, storage and related technologies required to perform the Service and is not liable for any non-compliance that may occur or failures to use the Service or Accounts which are caused by such partners or suppliers.
BADireto is not responsible for any information, content or configuration entered or made by you in the Service.
The User understands and accepts that all information entered or performed in the Service, through electronic transmission of data, data import or manually, namely of housing units, connection configurations to the System of Information of Accommodation Bulletin ), synchronizations with reservation channels, billing, payments, guest data, are the sole responsibility of the User and / or entities transferring or acquiring such information, and BADireto is not liable for any incorrect, corrupted information, transaction or functionality or unavailable on which the Service depends.
The User is solely responsible for the length of the legal deadlines for communicating the Accommodation Bulletin with the information of its guests, in accordance with article 16 of Law no. 23/2007 of July 4, amended by Law no. 102/2017 of August 28, which "Approves the legal regime for entry, stay, departure and removal of foreigners from the national territory".
BADireto is not also responsible for any breach of legal obligation imposed on the User, namely for an error in processing the sending of the Lodging Bulletins to the Aliens and Borders Service.
Neither BADireto nor any Third Party Applications owner guarantees that the Service is free from malware or other malicious components.
The User expressly understands and accepts that BADireto and its legal representatives, Directors, Employees, Affiliates, Agents, Trainees, Suppliers, Service Providers shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether on the basis of contract, unlawful act - albeit negligently - liability or otherwise arising out of the use of the Service, any Third Party Application or any other claim in any way related to the use of the Account and / or the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content, trans mitigate or otherwise made available through the Service, to the fullest extent permitted by law.
The non-exercise, in whole or in part, of the rights or faculty granted to BADireto arising from the Agreements, does not in any case mean the waiver of such rights or faculties or their expiration, and therefore they will remain valid and effective, notwithstanding their non-exercise.
9) General Regulation of Protection of Personal Data (RGPD)
As of 25 May 2018, the new General Regulation on the Protection of Personal Data - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter referred to as the RGPD) - entered into force. which lays down rules on the protection, processing and free movement of personal data of natural persons and which applies directly to all entities handling such data in any Member State of the European Union, including Portugal.
In the scope of its activity, BADireto carries out various activities for the processing of personal data, on behalf of the User, the latter being considered the person responsible for the processing of personal data, as defined by the RGPD.
9.1. BADireto guarantees the confidentiality of all data provided by the User.
9.2. The personal data identified in the registration form, as well as in the Customer Data form, as being mandatory supply are indispensable to the provision of the Service by BADireto. The omission or inaccuracy of the data provided by the user is his sole and entire responsibility and may give rise to the refusal to provide the Service by BADireto.
9.3. The personal data of the user will be processed and stored by computer and are intended to be used by BADireto in the context of the contractual relationship with the User.
9.4. The personal data of the users of the User will be processed to comply with the legal and regulatory obligations to which the User is subject in the scope of his activity, namely communication to the Foreigners and Borders Services (SEF) of the data of all his clients foreigners;
9.5. In accordance with the applicable legislation, the user is guaranteed, without additional charges, the right to access, rectify and update their personal data, either directly or through a written request, and for this purpose contact the entity responsible for the processing of personal data: BADireto .
9.6. The Internet is an open network, so the personal data of the User and its clients are safe, but the publicly shared files, namely the information sent to the User's email within the scope of the use of BADireto, can be found due to shares which are not controlled and may be accessible and used by third parties not authorized for this purpose, and BADireto can not be held liable for such access and / or use.
9.7. The duration of the processing of personal data will be equivalent to the period in which the Services concluded between BADireto and the User are active.
9.8. BADireto shall adopt and maintain in force appropriate technical and organizational security measures to ensure the protection of the personal data of Users of the User against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, and in particular, where the processing of data involves the transmission of personal data over a network, and shall take the necessary technical and organizational measures to protect the personal data of the User's customers against all other illegal forms of processing.
10) GREATER FORCE
Neither Party shall be liable to the other for failure to comply with its obligations under the Agreements, or for the consequences thereof, if caused or resulting from a state of emergency, fortuitous event, war, civil disorder, revolt , epidemic, storm, fire, strike, employer strike or any other similar cause beyond the control of the party whose compliance is affected by such cause and that such occurrence and consequences can not be prevented or avoided by the reasonable diligence of the same party.
The Party whose performance is affected by such cause or causes shall promptly notify the other Party and provide reasonable evidence of the causes that have affected its compliance.
In the event that such causes can not be mitigated for any reason within two (2) months of the date of the occurrence, the other Party shall have the right to terminate this agreement and neither party shall be entitled to claim any compensation or to trigger other means of protecting their rights under this contract.
11) LAW, FORUM AND INTEGRALITY
The Agreements are regulated, in all that is omission, by the Portuguese Law.
In the event of a dispute as to the validity, interpretation or application of this contract, BADireto and the User shall, by all means of dialogue and possible ways of competing interests, work towards a concerted solution to the matter.
If the agreement between BADireto and the User is not possible in the previous terms, is competent Court of the District of Coimbra, without prejudice to the rules of jurisdiction on the matter applicable to the case, excluding any other, to settle any conflicts that result from the interpretation and application of these Terms and Conditions.
In the event that the court finds that any clause of the Agreements is totally or partially invalid, void or unenforceable, such clause (or relevant part) shall be deemed to be deleted, with the remaining clauses of the Agreements remaining in force.
The Agreements are one and indivisible, so the obligations assumed are inseparable, and it is not possible to denounce, resolve or partially breach them.
12) SOCIAL DATA
BAD - DIGITAL MARKETING, LDA, a private limited company with headquarters at Avenida Dias da Silva 49, 3000-137 Coimbra, registered at the competent Commercial Registry Office under the corporate tax identification number 515 309 125, and with the share capital of € 5,000.00 (five thousand euros).